UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 13-4809

UNITED STATES OF AMERICA,

Plaintiff - Appellee,
v.
JOSE MORALES, a/k/a Joey,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Terrence W. Boyle,
District Judge. (5:12-cr-00336-BO-4)

Submitted:

July 18, 2014

Decided:

July 29, 2014

Before KEENAN, DIAZ, and FLOYD, Circuit Judges.

Affirmed in part; dismissed in part by unpublished per curiam

opinion.

Mark E. Edwards, EDWARDS & TRENKLE, PLLC, Durham, North

Carolina, for Appellant.
Jennifer P. May-Parker, Assistant
United States Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:
Jose Morales pled guilty in accordance with a written
plea agreement to conspiracy to commit Hobbs Act robbery, 18
U.S.C.

1951(b)

(2012),

and

possession

of,

and

aiding

and

abetting the possession of, a firearm in furtherance of a crime

of

violence,

18

U.S.C.

924(c)(1)(A)

(2012).

Morales

was

sentenced to eighty-seven months in prison for the conspiracy

and sixty months, consecutive, for the firearm offense.
appeals.

He now

His attorney has filed a brief pursuant to Anders v.

California, 386 U.S. 738 (1967), raising one issue but stating
that there are no meritorious issues for appeal.

Morales was

advised of his right to file a pro se supplemental brief but did

not file such a brief.

The United States moves to dismiss the

appeal based on a waiver-of-appellate-rights provision in the

plea agreement.
The
convictions.

Morales opposes the motion.

appeal

waiver

did

not

apply

to

Morales

Having reviewed the entire record, we hold that:

the district court substantially complied with Fed. R. Crim. P.

11(b)(1); there was a factual basis for the plea; the plea was
knowingly and voluntarily entered; and the plea agreement is
valid and enforceable.

Accordingly, we affirm the convictions.

In the plea agreement, Morales waived his right to

appeal his sentence. *

Upon review of the record, we conclude

that the waiver is valid and enforceable.

the

issue

district

Morales

court

presentence

seeks

should

to

have

investigation

raise
ruled

report,

on
on

We further find that

appeal

his

which

whether

objections
were

sentencing falls within the scope of the waiver.

to

withdrawn

the
the
at

Accordingly,

we grant the motion to dismiss the appeal insofar as it relates

to sentencing.
Pursuant to Anders, we have reviewed the entire record
for meritorious, nonwaivable issues and have found none.
therefore

affirm

in

part

and

dismiss

in

part.

This

We
court

requires that counsel inform Morales, in writing, of his right

to petition the Supreme Court of the United State for further
review.

If Morales requests that such a petition be filed, but

counsel

believes

counsel

may

that
move

the

petition

would

this

court

in

withdraw from representation.

be

frivolous,
for

leave

then
to

Counsels motion must state that

a copy of the motion was served on Morales.

We dispense with

Morales waived his right to appeal whatever sentence is

imposed, including any issues that relate to the establishment
of the advisory Guideline range, reserving only the right to
appeal from a sentence in excess of the applicable Guideline
range that is established at sentencing. Morales was sentenced
within the properly calculated range.

oral

argument

adequately

because

presented

in

the
the

facts

and

materials

legal
before

contentions
this

court

are
and

argument would not aid the decisional process.

AFFIRMED IN PART;
DISMISSED IN PART